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30 Cards in this Set
- Front
- Back
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Claim preculsion |
must be: 1. final judgement on merits of 1st suit 2. 2nd lawsuit is btwn same parties or their successors 3. 2nd suit involves same claim or COA |
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Issue Preclusion |
1. same issue of fact or laws must arise in 2 suits 2. issue must have been actually and necessarilly decided in the 1st suit 3. party to be precluded (stopped) was a party in the first suit |
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What does Subject Matter Jurisdiction (SMJ) refer to? |
A court's competence to hear this kind of case. |
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What are the categories of SMJ? |
Congressional grants of SMJ: 1. Federal question 2. Diversity 3. Supplemental 4. Removal Jurisdiction 5. Legislative Jurisdiction |
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When can lack of SMJ be raised? Can it be waived? |
-cannot be waived -can be raised at any time by any party |
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Federal Question Jursidiction (FQJ)- when does it exist? |
exists when plaintiff's claim is based in federal law (well-pleaded complaint rule; ignore defenses) |
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What is the amt in controversy requirement for FQJ? |
No requirement for an amount. |
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Diversity Jurisdiction - 2 main requirements |
1. amt in controversy exceeds $75,000 2. complete diversity - every citizenship on P's side must be diff. than every one on D's side (e.g., MD, VA, DC vs. NY, NY) *must exist when complaint is filed |
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Exceptions to diversity requirements? |
minimal diversity - at least 1P and 1D diff. types of cases: 1) Statutory Interpleader - deposit property w/ ct. to figure out who owns it 2) class actions > than $5 million 3) Interstate mass torts (except if majority of Ps and Ds from same state, and claim can be handled by laws of that state) |
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2 areas of state law generally excluded from diversity jurisidiction? |
1. probate matters (a will or estate) 2. domestic relations (divorce, alimony, child custody) |
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What does it mean to be a "citizen" for diversity jurisdiction? |
US citizen and a domiciliary of that state |
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Supplemental Jurisdiction (def.) - who chooses to exercise this? -do they have to? when is it required? -does the ct have to allow this?
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When the Fed ct already has SMJ over a claim, it may hear additional claims if such claims arise from the same "common nucleus of operative fact" (i.e. the claims arise out of the same transaction or occurrence) *up to discretion of the court |
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How does substitution vs. replacement of parties impact diversity requirements? |
substitution: when one party dies or is incompetent an another party steps in his her shoes; does NOT have to re-satisfy diversity req's.; original party's citizenship controls Replacement: when a party must be replaced entirely; e.g. wrong party named; must re-satisfy diversity req's. |
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Under Supplemental Jursidiction, can federal ct hear state law claims? |
Yes. Provided that they both (state law or fed. law claim) arise under the same common nuculeus of operative fact, i.e. arise out of the same transaction or occurrence. |
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When federal Ct already has diversity jurisdiction over a claim, what's the std for allowing additional claims? |
-common nucleus of operative facts/arising out of same transaction or occurence |
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What is removal? |
moving a case from state ct to federal ct. |
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Who can remove? |
-only D's can remove |
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When is removal proper? |
Rule: Removal is proper only if the case could've been brought originally to Fed. Ct. |
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Removal based on diversity jurisdiction is proper only if.. |
1) complete diversity 2) amt exceeds $75,000 3) case is brought in a case where no defendant is a citizen. |
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When is removal effective? |
when a notice of the removal is filed in federal court, then the case gets removed and the state ct. authority ceses |
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can personal jurisidiction be waived? |
yes, it can be waived. (e.g., not being brought up in a timely manner) |
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when should a defect in personal jurisidiction be raised? |
First opportunity -either in the answer or in the motion to dismiss (whichever is first) |
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specific in personam jurisdiction |
personal jurisidiction from long arm statutes authorizing personal jurisdiction over non-residents. |
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Due Process Req's of Personal Jurisidiction? |
fairness & reasonableness *non-resident D has sufficient minimum contacts with forum state *does not offend traditional notions of fair play and substantial justice *purposeful availment = D reasonably forsees himself being haled into ct there. |
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Is registered mail an acceptable service of process for specific in personam jurisdiction? |
No, unless serving process on a person outside the US, corp's, etc.
-otherwise need to personally deliver to D or D's authorized agent (or at dwelling w/ suitable person of age or discretion) |
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Can venue be waived? |
Yes, improper venue can be waived. |
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What is the Erie Doctrine?
what happens when there's conflict of laws? |
In diversity cases, ct's apply state substantive law -rules that determine who wins and who loses -statute of limitations -burden of proof -applies state rule on conflict of rules
fed procedures apply in fed ct even when determining state law claims |
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Special Pleadings - what kinds of pleadings should be stated w/ particularity?
-how do you go about doing this? |
Fraud, mistake, special dmgs
-indicate the circumstances that demonstrate fraud |
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Notice Pleadings (def.) req's |
Give (1) short and plain stmt of the claim 2) fair notice of pleader's content 3) must state a plausible case for recovery |
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When can pleadings be amended? |
* within 21 days after serving the pleading, or -21 days after serving the response
-leave to amend by the court must be freely granted |
